Delaware 2023-2024 Regular Session

Delaware House Bill HB22 Latest Draft

Bill / Draft Version

                            SPONSOR:      Rep. Yearick & Sen. Buckson       Reps. Collins, Morris, D. Short, Michael Smith; Sens. Hocker, Pettyjohn, Richardson, Wilson           HOUSE OF REPRESENTATIVES   152nd GENERAL ASSEMBLY       HOUSE SUBSTITUTE NO. 1   FOR   HOUSE BILL NO. 22       AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ASSAULT.      

     

     SPONSOR:      Rep. Yearick & Sen. Buckson       Reps. Collins, Morris, D. Short, Michael Smith; Sens. Hocker, Pettyjohn, Richardson, Wilson     

SPONSOR: Rep. Yearick & Sen. Buckson
Reps. Collins, Morris, D. Short, Michael Smith; Sens. Hocker, Pettyjohn, Richardson, Wilson

 SPONSOR:  

 Rep. Yearick & Sen. Buckson 

 Reps. Collins, Morris, D. Short, Michael Smith; Sens. Hocker, Pettyjohn, Richardson, Wilson 

   

 HOUSE OF REPRESENTATIVES 

 152nd GENERAL ASSEMBLY 

   

 HOUSE SUBSTITUTE NO. 1 

 FOR 

 HOUSE BILL NO. 22 

   

 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ASSAULT. 

   

      BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:       Section 1. Amend 612, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:    612. Assault in the second degree; class C or D felony.   (a) A person is guilty of assault in the second degree when:   (12) The person recklessly or intentionally causes physical injury to a law-enforcement officer, security officer, fire police officer, fire fighter, paramedic, or emergency medical technician in the lawful performance of their duties by means of an electronic control device shall be a class C  felony.   felony; or   (13) The person recklessly or intentionally causes physical injury to an employee, contractor, or subcontractor of a public or private elementary or secondary school while the employee, contractor, or subcontractor is performing or attempting to perform a work-related duty on school property or at a school-sponsored event. For purposes of this paragraph (a)(13), employee, contractor, or subcontractor of a public or private elementary or secondary school includes teachers, substitute teachers, student teachers, aides, paraprofessionals, principals, administrators, counselors, social workers, psychologists, occupational therapists, physical therapists, speech and language pathologists, learning specialists, nurses, librarians, information technology specialists, cafeteria workers, custodians, facilities managers, security guards, bus drivers, athletic coaches, and other individuals who are employed by or perform contractual services for a public or private elementary or secondary school.    Section 2. This Act may be cited as The School Personnel Protection Act.      

   

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: 

   

 Section 1. Amend 612, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 

  612. Assault in the second degree; class C or D felony. 

 (a) A person is guilty of assault in the second degree when: 

 (12) The person recklessly or intentionally causes physical injury to a law-enforcement officer, security officer, fire police officer, fire fighter, paramedic, or emergency medical technician in the lawful performance of their duties by means of an electronic control device shall be a class C  felony.   felony; or 

 (13) The person recklessly or intentionally causes physical injury to an employee, contractor, or subcontractor of a public or private elementary or secondary school while the employee, contractor, or subcontractor is performing or attempting to perform a work-related duty on school property or at a school-sponsored event. For purposes of this paragraph (a)(13), employee, contractor, or subcontractor of a public or private elementary or secondary school includes teachers, substitute teachers, student teachers, aides, paraprofessionals, principals, administrators, counselors, social workers, psychologists, occupational therapists, physical therapists, speech and language pathologists, learning specialists, nurses, librarians, information technology specialists, cafeteria workers, custodians, facilities managers, security guards, bus drivers, athletic coaches, and other individuals who are employed by or perform contractual services for a public or private elementary or secondary school.  

 Section 2. This Act may be cited as The School Personnel Protection Act. 

   

      SYNOPSIS   School personnel report that school safety is a significant issue that affects whether or not they stay in the profession. This Act makes recklessly or intentionally causing physical injury to an employee, contractor, or subcontractor of a public or private elementary school or secondary school an assault in the second degree. This Act may be cited as The School Personnel Protection Act.      This Act is a substitute for and differs from House Bill No. 22 by specifying that the person must recklessly or intentionally cause physical injury to the employee, contractor, or subcontractor while on school property or at a school-sponsored event in order for the provision to apply.            

   

 SYNOPSIS 

 School personnel report that school safety is a significant issue that affects whether or not they stay in the profession. This Act makes recklessly or intentionally causing physical injury to an employee, contractor, or subcontractor of a public or private elementary school or secondary school an assault in the second degree. This Act may be cited as The School Personnel Protection Act. 

  

 This Act is a substitute for and differs from House Bill No. 22 by specifying that the person must recklessly or intentionally cause physical injury to the employee, contractor, or subcontractor while on school property or at a school-sponsored event in order for the provision to apply.